Legal Insights

Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

Showing 124 of 26 articles for writ of execution

Sheriff’s Abuse of Authority: Protecting Your Property Rights in the Philippines

Learn the limits of a sheriff’s authority under Rule 39 and how the Supreme Court protects property rights in Ignacio v. Balading.

Alias Writs of Execution: When Can a Second Debt Collection Attempt Be Stopped?

Learn the rules on alias writs of execution in the Philippines, the limited grounds to oppose them, and key lessons from a recent Supreme Court ruling.

Third-Party Claims in Labor Disputes: Protecting Assets from Wrongful Levy

Learn how the Supreme Court protects third-party asset owners from wrongful levy in labor dispute executions, and the proper remedies available.

Final and Executory Judgments: The Doctrine of Immutability in Philippine Courts

Once a judgment becomes final and executory, courts cannot revisit it. Learn the doctrine of immutability, its exceptions, and key lessons from a recent Supreme Court ruling.

Enforcing a Philippine Judgment: Time Limits, Property Levies, and Revival

Learn the 5-year rule for executing judgments in the Philippines, how to revive a dormant judgment, and what property a sheriff can levy.

Final CIAC Awards Binding on COA: Supreme Court Limits Audit Body's Review Power

Supreme Court ruling in Sunway Builders v. COA confirms COA cannot modify final CIAC arbitration awards, limiting its role to execution and payment.

Voluntary Submission to Jurisdiction: Key Insights from the Jorgenetics Replevin Case

How a defendant's post-dismissal motions can cure defective service of summons and revive a replevin case, per the Supreme Court.

Execution Pending Appeal in Ejectment Cases: Immediate Judgment Enforcement in the Philippines

Learn how execution pending appeal works in Philippine ejectment cases, including the mandatory rule and key Supreme Court rulings.

Executing a Labor Judgment Does Not Bar Certiorari: Due Process in Labor Disputes

Forced compliance with a writ of execution does not waive an employer's right to challenge a labor ruling via certiorari, the Supreme Court held.

The Five-Year Rule on Execution of Judgments: Villareal v. MWSS Explained

Winning a case is only half the battle. Learn the five-year rule on executing judgments and why delay can void a writ.

Levy on Mortgaged Property in the Philippines: Sheriff's Duties Explained

Philippine Supreme Court clarifies that sheriffs may levy mortgaged properties to satisfy judgments, as debtors retain beneficial ownership until foreclosure.

Custodia Legis and Garnishment: The BSP v. Judge Lanzanas Ruling

Funds in custodia legis cannot be garnished without court approval. The Supreme Court's ruling in BSP v. Judge Lanzanas explains why.

HLURB Jurisdiction Over Condominium Disputes: Peralta v. De Leon Explained

Learn how the Supreme Court affirmed HLURB's exclusive jurisdiction over condominium buyer-developer disputes in Peralta v. De Leon.

Debt Recovery Execution: Waiver of Demand and Proving Overlevy

Learn when a sheriff's failure to demand payment is excused and how to prove overlevy in execution sales under Rule 39.

DARAB Contempt Powers: Why Arrest Orders Must Come From Courts

The Supreme Court limits DARAB's contempt power—arrest orders for indirect contempt must come from the Regional Trial Court, not administrative bodies.

Lessor’s Liability for Defects and Repairs: Key Lessons from De Ysasi v. Arceo

Learn when Philippine lessors are liable for property defects and repairs, and why lessee inspection matters under De Ysasi v. Arceo.

Fair Rental Value in Unlawful Detainer: Key Lessons from Catungal v. Hao

How Philippine courts determine fair rental value when a lease expires, based on the Supreme Court's ruling in Catungal v. Hao.

Third-Party Claims in Philippine Execution Sales: Protecting Your Property

Learn how spouses and third parties can protect their property from wrongful execution sales in the Philippines, based on the Supreme Court's ruling in Naguit v. Court of Appeals.

Reviving Expired Judgments in the Philippines: The Terry Case and Contempt Limits

Learn when Philippine judgments expire, how to revive them, and why contempt cannot enforce stale court orders under the Terry ruling.

Employer Subsidiary Liability in Philippine Criminal Law: The Catacutan Doctrine

Philippine employers can be held subsidiarily liable for damages from employees' criminal negligence. Learn the rules from Catacutan v. Heirs of Kadusale.

Demolition Requires Special Court Order: Morta v. Sañez and Due Process

A writ of execution does not authorize demolition. A special court order after notice and hearing is required under Rule 39, Section 10(d).

Execution of Judgment in Ejectment Cases: Why the Court of Origin Matters

In ejectment cases, execution of an affirmed judgment generally belongs to the trial court of origin, not the appellate court. A Supreme Court ruling clarifies why.

Immediate Execution of RTC Ejectment Judgments: What the Supreme Court Has Held

When the RTC affirms an ejectment ruling, the order to vacate is immediately enforceable—even if the losing party appeals. Here's why.

When Is a Sheriff Liable for Wrongful Execution? The De Guzman Rule

Philippine law shields sheriffs who execute judgments in good faith and with an indemnity bond. Learn the rules on wrongful execution and third-party claims.